IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ROME DIVISION

UNITED STATES OF AMERICA )

)

v. ) CRIMINAL ACTION

)

xxxxxxxxxxx. ) NO. 4:94-CR-24-04 (HLM)

______________________________)

MOTION TO INSPECT, EXAMINE, AND TEST

PHYSICAL EVIDENCE AND AUTHORITY THEREFOR

The defendant moves the Court to order the Government to make available all items of physical evidence which the Government intends to introduce at trial so that defense counsel and/or defense experts may inspect, examine, and test them.

This motion is made under the authority of Fed. R. Crim. P. 16(a)(1)(C), Bernard v. Henderson, 514 F.2d 744 (5th Cir. 1975), and the Fifth and Sixth Amendments to the United States Constitution.

WHEREFORE, the defendant prays that this motion be granted.

Dated: This ___ day of October, 1994.

Respectfully submitted,

__________________________________

GREGORY S. SMITH

ATTORNEY FOR

STATE BAR NO. 658375

Federal Defender Program, Inc.

Suite 3512, 101 Marietta Tower

Atlanta, Georgia 30303

(404) 688-7530

CERTIFICATE OF SERVICE

This is to certify that I have this day served a copy of the foregoing Motion to Inspect, Examine, and Test Physical Evidence and Authority Therefor upon:

David Nutter, Esq.

Assistant United States Attorney

1800 Richard B. Russell Building

75 Spring Street, S. W.

Atlanta, Georgia 30335

by hand delivering a copy of the same.

Dated: This _____ day of October, 1994.

__________________________________

GREGORY S. SMITH

ATTORNEY FOR

STATE BAR NO. 658375

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